News

12.17.09Professor Roberta Karmel Publishes Column in New York Law Journal on the Clash of the SEC and CTFC

In Professor Roberta Karmel’s column, “Securities Regulation,” explores the conflicts between the SEC and CTFC in light of the current economic crisis. read more

12.17.09AALS President Cites Professor Schneider‘s Work as of “Critical Value” to Education and Legal Culture

December 17, 2009 – The President of the Association of American Law Schools (AALS) praised Brooklyn Law School Professor Elizabeth M. Schneider’s work as “critical not only for its value to education, but for helping to transform legal culture” in her President’s Message in the latest issue of AALS News. read more

12.16.09Professor Jonathan Askin Testifies Before City Council Committees on BLIP

On December 16, Professor Jonathan Askin testified before the New York City Council Committee on Technology in Government and Committee on Economic Development, Technology, Community, Entrepreuneurs, and Developers to share ideas about digital entrepreneurship and discuss the Brooklyn Law Incubator & Policy Clinic (BLIP). read more

12.10.09Papers by Professors Baer and Mazzone Chosen for Federalist Society's Young Scholars Panel

Papers written by Professors Miriam Baer and Jason Mazzone were competitively selected for presentation at the Federalist Society's Young Legal Scholars Panel at the Society’s 12th annual faculty conference to be held in New Orleans in January. read more

12.01.09Memorial Service to be Held for Professor Eve Cary

The Brooklyn Law School community lost a cherished member of its faculty with the passing of Professor Eve Cary, who died on September 29, following a brave battle with ovarian cancer. To celebrate her life there will be a memorial service on February 18, 2010 at 4PM in the Moot Court Room at the Law School. read more

11.01.09Professor Tebbe Quoted in New York Times

In the days before the 2009 election, registered voters of City Council 34 received prerecorded calls from Bishop Nicholas DiMarzio, the Roman Catholic bishop of Brooklyn, praising City Council District candidate Vito J. Lopez. While the message did not instruct New Yorkers to vote for the bishop’s preferred candidate, it did walk a fine line that limits nonprofit organizations, which have tax-exempt status, from advocating for particular politicians. read more

10.30.09Professor Charles Korsmo Featured in AmLaw Daily

Visiting Assistant Professor Charles Korsmo was profiled in AmLaw Daily about his transition from child actor to law professor. Before attending law school, he acted in such films as Dick Tracy, Hook, and Can’t Hardly Wait.read more

10.26.09Professor Jonathan Askin Defends Public Ad Campaign in New York Post

Five artists were arrested for criminal mischief and making graffiti in a protest organized by the Public Ad Campaign to replace billboard advertisements with art. About 80 artists whitewashed and painted over illegal billboards throughout the city. read more

Nine separate amicus briefs have been submitted asking the U.S. Supreme Court to determine the Sarbanes-Oxley Public Company Accounting Oversight Board (PCAOB) unconstitutional. The briefs were signed by many prominent "friends of the court," including three former U.S. Attorneys General, several law professors and economists, and Professor Roberta Karmel, formerly Commissioner of the Securities Exchange Commission. read more

10.19.09Professor David Reiss Presents at the Cato Institute

Professor David Reiss presented at the Cato Institute's policy forum "Which Way Forward for Fannie Mae and Freddie Mac?" in Washington, DC. Panelists at the event are policy and economic experts discussed the past and present regulatory structures of Fannie Mae and Freddie Mac, as well as offer proposals for reform. read more

10.15.09Professor Roberta Karmel Comments on Derivatives Bill

Professor Roberta Karmel was quoted in the Washington Post on the debate over the derivatives bill in the House of Representatives. The bill would require banks and firms to meet capital and reporting requirements, as well as trade through clearinghouses in a move towards remaking the nation's financial regulatory system. read more

New York's top court heard arguments on whether the state can legally seize private property to build Atlantic Yards, the proposed Nets arena. The outcome of the case will determine whether eminent domain can be used as a reason for new private development. read more

Professor Miriam Baer's article "Governing Corporate Compliance" was listed this week as one of the most downloaded SSRN pieces. Her paper, published in the Boston College Law Review, argues that the key problem with corporate compliance is its regulation through an adversarial system that pits federal prosecutors against corporate defense counsel, fueling distrust between corporate entities and the government. read more

10.03.09Professor William Hellerstein Quoted in Times Union

Many claimed the New York Supreme Court was playing partisan politics when it granted Gov. David Paterson the right to elect his lieutenant governor. However, several ex-judges have defended the decision, saying that the parties under which they were appointed did not reflect their choices in court. Professor William Hellerstein, who has argued many cases at Supreme Court added, "The fact that Judge Read was with the majority I think supports my own feeling that this is not a political decision."

10.02.09Professor Robert Pitler Suggests Sweeping Changes for State Liquor Authority

The New York Law Revision Commission has released a 43-page evaluation of the State Liquor Authority. The report says the SLA "jeopardizes public health and safety and exacerbates the economic crisis currently plaguing New York," and recommends huge changes to streamline the liquor regulation, including extending hours for the sale of alcohol. The Times Union quoted Professor Pitler, chair of the Law Rivision Commission, who said, "This is clearly the largest...most work-intensive report [he's] been involved with...What they're facing is massive."

10.01.09Professor Michael Cahill Publishing New Article on Blackmail and the Law

Professor Michael Cahill was featured on the CrimProf Blog, a blog for law professors, for his new article, "Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory." The piece, co-written by Professor Paul Robinson from the University of Pennsylvania Law School and Professor Daniel Bartels from the University of Chicago, analyzes and critiques various current theories, as well as reveals the conflict between community views on the issue and existing legislation.

Professor Christopher Serkin was interviewed at length on the WNYC radio public affairs program, The Brian Lehrer Show, on Monday, September 28. The topic was eminent domain, the power of the government to take property, and its usage in New York City, including in Brooklyn’s Atlantic Yards. read more

Professor Karmel participated in the Securities and Exchange Commission Historical Society's program "New World of Financial Regulation," sponsored by the law firm Bingham McCutchen. The debate focused on the different options for creating a more effective financial regulatory system in light our current global economic crisis. read more

Law students will be better prepared for practice if they are fully aware of the perils, says Professor Anita Bernstein in the American Bar Association Journal. Her working paper, "Pitfalls Ahead: A Manifesto for the Training of Lawyers," presents potential problems--why lawyers lose their licenses and when to fight with a judge, among others--to equip students with a full picture of their future careers. read more

09.21.09Professor Elizabeth Schneider Quoted in National Law Journal

Professor Elizabeth Schneider was quoted in the National Law Journal on Monday concerning the Ashcroft v. Iqbal ruling, which has increased the amount of initial evidence a plaintiff needs to avoid having the case dismissed. Professor Schneider, who has written extensively on federal civil procedure, told the Law Journal that the Iqbal case forces judges to go "line by line" through pleadings, open the door to judicial bias.

Professor Jason Mazzone was quoted on September 14 in the Connecticut Law Tribune about an upcoming intellectual property case concerning the MTA and a software developer. The developer, Chris Schoenfeld, created an iPhone application that allowed users to access train schedules without internet access, on which the MTA is now demanding royalties. Professor Mazzone argues that Schoenfeld is in the right, since listings of train arrival and departure times are facts, which cannot be copyright protected.

09.11.09Professor William Hellerstein Quoted in New York Times on Skelos v. Paterson

The New York State Court of Appeals will soon decide whether Gov. David Paterson legally appointed Richard Ravitch as lieutenant governor. The case will settle a constitutional question whether the governor has the authority to choose his lieutenant if the position is vacant. Professor William Hellerstein was quoted in the New York Times about the potential outcomes of the case, which could be a huge setback for Gov. Paterson in the event the court rules against him. Professor Hellerstein told the Times, “Any opinion that comes down that might rule against the governor could be properly viewed as a slap-down of the governor… Cases that go the heart of a government structure and that involve separation of powers are cases in which judges would like to have unanimity. These are the kinds of cases that if one can get unanimity, they can have greater acceptance in the body politic.”

09.08.09New York Times Op-Ed by Professor Gora on Free Speech and 'Hillary: the Movie'

The Supreme Court will hear rearguments on a case about the documentary Hillary: The Movie, on Secretary of State Hillary Clinton. The case concerns Citizens United, the conservative nonprofit group who produced the film, who attempted to broadcast commercials for it during the 2008 presidential election but were (ironically) barred by the McCain-Feingold campaign finance law. The issue was brought to court with opponents arguing that the restriction violated the First Amendment. read more

09.02.09BLS Welcomes Seven New Outstanding Faculty Members

This fall, Brooklyn Law School welcomed seven new members to the faculty. The group includes three tenure-track faculty members, Frederic Bloom, Brian Lee, and Minor Myers; two legal writing instructors, Joy Kanwar and Tom Lin; and two new members of its Visiting Assistant Professor Program, Patricia Judd and Charles Korsmo. These professors not only bring considerable professional experience, but an impressive body of legal scholarship in the areas of corporate finance and governance, real property, intellectual property, civil procedure, international environmental law, and the law of war. read more

09.01.09Professor Susan Herman Named Alumna of the Month by NYU School of Law

Professor Susan Herman was named September Alumna of the Month by New York University School of Law for her work with the American Civil Liberties Union, New York Civil Liberties Union, and Prisoners’ Legal Services of New York.

Statistics as a form of evidence have been used in trials for at least 40 years and their popularity is ever increasing. While there are benefits to presenting numbers as proof, Professor Cheng points out the high potential for statistical manipulation. In his forthcoming article "A Practical Solution to the Reference Class Problem," he argues that statistics depend on how the values are classified, which can easily be altered to fit a desired result. He says, "The resulting manipulability has the potential to completely undermine the objectivity and certainty that make statistical evidence so promising and attractive."

09.01.09Professor Joel Gora's Book on Campaign Finance Reviewed in The American Spectator

Better Parties, Better Government: A Realistic Program for Campaign Finance Reform by Peter J. Wallison and Professor Joel Gora was featured in the September issue of The American Spectator with warm reviews. The book, published in May 2009, covers campaign finance reform and the McCain-Feingold Act of 2002. Reviewer Tom Bethell says of Professor Gora's work, "it is extremely well written, almost qualifying as a page-turner."

Professor Arthur Pinto wrote a letter to the editor of the Wall Street Journal in response to Russell G. Ryan's op-ed "The SEC vs. CEO Pay." In it, he disagrees with Ryan's argument that it is unfair and unlawful for the SEC to demand back the high salaries of the heads of major companies.

May 19, 2009 – Brooklyn Law School’s Centennial Professor of Law Roberta S. Karmel was the keynote speaker at the University of Tennessee Law School’s hooding ceremony on May 8, 2009 in Knoxville. UT’s Arts and Sciences’ graduation simultaneously featured East Tennessee native and acclaimed musician Dolly Parton, who was presented with an honorary doctorate degree as well. read more

05.01.09Visiting Assistant Professor's Work Wins National Acclaim

Visiting Assistant Professor Ben Trachtenberg won the 2009 Ross Essay Contest for his article "Incarceration Policy Strikes Out." The Ross Essay Contest is sponsored by the American Bar Association's ABA Journal and carries a $5,000 prize. This year's prompt was to write an open letter to President Barack Obama and Congress describing the most important priority for improving the U.S. justice system. In his essay, Professor Trachtenberg argued that the exploding prison population compromises U.S. criminal justice policy and that a properly funded justice system that utilizes alternatives to incarceration, when appropriate, would place state budgets into a better balance concerning other resources.

Professor Samuel Murumba was honored by the Human Rights Watch board of directors on Feb. 5 at a dinner held to highlight his service to the organization. Two other HRW members – Vartan Gregorian, president of Carnegie Corporation of New York; and David Brown, a HRW board member – were honored as well. read more

02.09.09Professor Jason Mazzone Editorializes About Tax Audit

Professor Jason Mazzone’s op-ed was featured in the Legal Times on the need to tax audit all the members of Congress and other high-ranking government officials. In it, he explains that taxpayers are more likely to cheat if they see that others are doing so, and we should thus make an example of our public leaders.

The Evidence Section of the Association of American Law Schools presented Margaret Berger, Trustee Professor of Law at Brooklyn Law School, with the Wigmore Lifetime Achievement Award at the Association’s annual meeting, held January 6 - 10, 2009, in San Diego, Calif. The Wigmore Award recognizes the work of scholars in the field of evidence. read more